home defense situation?

J

joel J

New member
Many friends have told me that if you were to shoot someone who broke into your house and killed them then basically you go to jail. I dont know the rules to this, but how would this be fair?
 
As long as they are in fact on your property, and presenting a threat.... Make sure you shoot an extra shot after = D gotta say you warned em LOL
 
This varies by state......

Here in New York you can not shoot an intruder for just being in your house..... The law here takes a dim view of you shooting a goof climbing out your window with your laptop.....

On the other hand if an intruder is coming at you with deadly force (has a knife - gun - baseball bat etc) then it is ok to stop an attacker with your gun........

The guy above me would get a murder charge in my state.... If you shot a person in your home and they are down and they have stopped attacking you - then you can not just pump another one in for good measure..... Once you have used enough force to stop an attacker you can not by law in New York continue to attack them and kill them......

Check for your states laws -- They vary.......
 
There is a possibility of being prosecuted in such a case, sad but true.Â* Not only that, you may also be sued by the burglar or his family.Â* A LOT depends upon which jurisdiction you live in.Â* If, for example, you're in a place with a lot of racial tensions, and you and the burglar are of different races, that could potentially be a problem.Â* Now, many states have what is known as the "Castle Doctrine" law in effect, which essentially guards against such prosecutions and lawsuits.Â* But the law is only as good as the judges allow it to be, so be sure to have a lawyer's phone number on your speed-dial in case you have to shoot someone.
 
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